Agenda 06/27/2017 Item #16A1306/27/2017
EXECUTIVE SUMMARY
Recommendation to approve a Resolution superseding Resolution 2012-225, establishing a revised
schedule of fees, including an application fee for wireless facilities in the County Right-of-Way, as
well as an annual fee for the collocation of small wireless facilities on County utility poles. (This is a
companion item to Agenda Items 16A14 and 17F).
OBJECTIVE: To obtain the Board of County Commissioners’ (Board) approval of a Resolution
superseding Resolution No. 2012-225 to add two new fees to the Collier County Right-of-Way (ROW)
Fee Schedule in order to implement a new permitting process for locating communications facilities in the
County ROW.
CONSIDERATIONS: In 2017, the Florida legislature enacted HB 687, known as the “Advanced
Wireless Infrastructure Deployment Act” (The Act) and codified in Florida Statutes 337.401. The Act
requires local governments to accept applications for permits for the collocation of small wireless
facilities in the public ROW. Accordingly, there is a companion ordinance which establishes a new
permitting process and requirements for communications facilities, including small wireless facilities, in
the County ROW that will also be heard by the Board for approval on June 27, 2017. In order to
implement the new permitting process, two new fees are proposed for inclusion in the Collier County
ROW Fee Schedule, as described below.
The first fee is for the application to locate wireless facilities in the County ROW. It is proposed the new
fee is $100, which is comparable to the fee charged for ROW permits to Public Service Commission
regulated Franchise Utilities.
The second fee is for collocating small wireless facilities on County utility poles. This fee only applies to
those small wireless facilities proposed to be collocated on County owned utility poles. It is proposed the
new fee is $150 annually per pole, which is consistent with the maximum allowable fee for collocations
established in The Act.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: To approve the Resolution, superseding Resolution 2012-225, establishing a
revised schedule of fees, including an application fee for wireless facilities in the County Right -of-Way,
as well as an annual fee for the collocation of small wireless facilities on County utility poles.
Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division
ATTACHMENT(S)
1. Proposed resolution with exhibit (PDF)
16.A.13
Packet Pg. 795
06/27/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 3386
Item Summary: Recommendation to approve a Resolution superseding Resolution 2012-225,
establishing a revised schedule of fees, including an application fee for wireless facilities in the County
Right-of-Way, as well as an annual fee for the collocation of small wireless facilities on County utility
poles. (This is a companion item to Agenda Items 16A14 and 17F)
Meeting Date: 06/27/2017
Prepared by:
Title: Planner, Senior – Growth Management Development Review
Name: Jeremy Frantz
06/16/2017 5:07 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
06/16/2017 5:07 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 06/19/2017 6:16 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/19/2017 8:28 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 06/19/2017 1:17 PM
Growth Management Department Jeremy Frantz Level 2 Division Administrator Skipped 06/16/2017 4:55 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 06/19/2017 5:01 PM
Growth Management Department James French Additional Reviewer Completed 06/19/2017 5:55 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/20/2017 7:35 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/20/2017 7:58 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/20/2017 10:44 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/20/2017 11:28 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM
16.A.13
Packet Pg. 796
RESOLUTION NO. 2017.
A RESOLUTION OF THE BOARD OF'COUNTY COMMISSIONERS OF
COLLIER C OUNTY, FLORIDA, SUPERSEDING RESOLUTTON 2012-225,
WHICH ESTABLISHED A REVISED SCHEDULE OF FEES FOR RIGHT.
OF-WAY PERMITS, TO INCLUDE A WIRELESS FACILITY
APPLICATION FEE AND AN ANNUAL FEE FOR THE COLLOCATION
OF SMALL WIRELESS FACILITIES ON COUNTY UTILITY POLES
WITHIN THE COUNTY RIGHT-OF.WAY.
WHEREAS, Collier County Resolution No. 2000-455 established a schedule of
development-related review and processing fees; and
WHEREAS, the fees established in Resolution No. 2000-455 were subsequently amended
and revised pursuant to Resolution Nos. 2002-479,2003-170,2007-162 and 2012-225 and the
established fees are reflective of the actual cost of processing, reviewing, inspecting and evaluating
collier county Right-of-way permits as set forth in attached Exhibit "A;" and
WHEREAS, in its 2017 Session, the Florida Legislature enacted the "Advanced Wireless
Infrastructure Deployment Act" as codified in Section 337.401, Florida Statutes, which required
local govemments to allow small wireless facilities within the public right-of-way by either
collocation on existing Utility Poles, or by establishing a new Utility Pole where collocation is not
possible; and
WHEREAS, the Act requires that the county establish nondiscriminatory and
competitively neutral rates, fees, and terms in compliance with the Act, and sets a limit of $150
per pole for the annual rate for the collocation of small wireless facilities on County Utility Poles;
and
WHEREAS, at its meeting on the 27th of June,2077 this Board adopted an Ordinance
implementing the regulations and permitting process authorized by the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that:
1. The Board of County Commissioners hereby declares and approves the fees set forth
in the Schedule of Fees for Right-of-Way Permits, attached hereto and incorporated
herein as Exhibit "A" as reasonable sums to be assessed to those who receive the
benefits of those services, review, and inspections required by the Collier County Code
of Laws and Ordinances, the Land Development Code and the County permitting
process.
2. That all County Projects within or adjacent to the County Right-of-Way shall be exempt
from the Lane Rental Fee as noted on Exhibit "A."
16.A.13.a
Packet Pg. 797 Attachment: Proposed resolution with exhibit [Revision 1] (3386 : ROW Fee Schedule Change)
BE IT FURTHER RESOLVED that this Resolution relating to the Right-of-Way permit
fees is recorded in the minutes of this Board and that Resolution 2012-225 is hereby superseded
by the adoption of this Resolution.
THIS RESOLUTION is adopted after motion, second and majority vote favoring adoption
this 27th day of June,2017.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COI.JNTY. FLORIDA
Penny Taylor, CHAIRWOMAN
By:By:
, Deputy Clerk
Assistant County Attorney
16.A.13.a
Packet Pg. 798 Attachment: Proposed resolution with exhibit [Revision 1] (3386 : ROW Fee Schedule Change)
Type
Right-of-way Construction
Work in the ROW (Without Lane
Closures), Cost Per Day
Miscellaneous Events S 200.00
PSC Regulated Franchise Utility $100.00
Application Fee + $50/Day inspection fee
Wireless Facilities in the County ROW
Collocation of Small Wireless Facility on a
Count)'Utility Pole
Renewal/Modifi cation of unexpired or
incomplete Permit
Re-inspection - First
Second
Third
All subsequent inspections
Jack-and-Bore/Directional Bore
Open-cut Construction
Sprinkler Head Placement in R./W
Turn Lane Construction
County Engineering review on behalf of
FDOT Drainage Permit, No Discharge into
State System
** County Engineering review on behalf of
FDOT Drainage Permit, with Discharge
into State System
Temporary Directional Sign Permit for
Public Event
After-the-Fact Permit
Exhibit "A"
Right-of-way Permits
Residential
*$ 100.00
$ 100.00
$ 1s0.00
$ 200.00
$ 2s0.00
s 500.00
$2000.00
$ 50.00
$ s00.00
$100
$ 150.00 per pole annually
$ 500.00
$ 100.00
$ 1s0.00
$ 200.00
$ 2s0.00
$ 1000.00
$4000.00
s 200.00
$ 1500.00
$ 500.00
$ 1000.00
Non-residential
Small Laree
200.00 $ 1000.00 (June-Nov) $2000.00 (June-Nov)
$ 2000.00 (Dec-May) $4000.00 (Dec-May)
$ 50.00 (June-Nov) $ 100.00 (June-Nov)
$ 100.00 (Dec-May) $ 200.00 (Dec-May)
$ 1000.00
$ 100.00
$ 1s0.00
$ 200.00
$ 2s0.00
$2000.00
$6000.00
s 400.00
$3000.00
$1000.00
$ 2000.00
$75.00
4 X Normal Fee ($24000.00 max)
* If the Renewal/l\4odification does not require additional staff time and field check
(unexpired permit only), there will not be any fees charged
**Development two (2) acres or less are considered small
Page I of4
16.A.13.a
Packet Pg. 799 Attachment: Proposed resolution with exhibit [Revision 1] (3386 : ROW Fee Schedule Change)
Exhibit "A"
Right-of-way Permit Notes:
1. Unjustified delays meeting permitted deadlines shall require additional fees as authorized.
2. Small Commercial Development shall be defined as a non-residential (single-family or duplex)pQect generating 600 vehicles trips per day or less.
3. Large Commercial Development shall be defined as a non-residential (single-famiry or duplex)project generating greater than 600 trips per day.
4. A righfof-way use fee (chart attached) per day shall apply to all non-residential commercialprojects requiring a lane closure on a major roadway or sidewalk closure on any roadway. (chartattached). A major roadway is defined herein as being one of the following Cottier'Cbuntymaintained roadways:
No refunds of unused fees shall be allowed.
Lane use fees shall be calculated by Collier County and shall be due and payable at the 1me ofpermit application if a permit is issued. lf a Notice of Intent to lssue a permii is provided by theCounty in lieu of a permit, then the lane use fee shall be due and payabie at the 1me of issuance
of the actual permit.
lf work continues beyond the originally estimated lane use period, then additional lane use fees
shall be due and payable within two working days of notice to the Permittee of such additional
fees- Failure to provide the additional fees to the County within three working days of such notice
shall be cause for the project to be "red{agged" and shut down. Lane use tees inatt continue toaccrue during any period of shutdown and shall be added to the additional lane use fees
calculated by Collier County.
Any deviation from the ahove must be approved by the ROW Permitting and Inspection manager
or designee prior to implementation.
All future County Projects shall be exempt from the Lane Rental Fee Incentive program.
5.
6.
8.
9.
Roadwav Name From To
lmmokalee Road Tamiami Trail North (US 41)SR 29 (lmmokalee)
Vanderbilt Beach Road Tamtami Trail North (US 41 r Collier Boulevard
Pine Ridqe Road Tamiami Trail North (US 41)Collier Boulevard
Golden Gate Parkwav Tamiami Trail North (US 41)Collier Boulevard
Radio Road Airport Road Davis Boulevard
Rattlesnake Hammock Road Tamiami Trail East (US 41)Collier Boulevard
Goodlette-Frank Road Tamiami Trail East (US 41)lmmokalee RoadAirport Road Tamiami Trail East (US 41)hmokalee Road
Livinqston Road Radio Road Lee Countv Line
Santa Barbara Boulevard Davis Boulevard Pine Ridoe Rd
Logan Boulevard Pine Ridqe Road Lee CounU Line
Collier Boulevard Judge Jolley Bridqe lmmokalee RoadcR 29 Everslades Citv SR 90 (US 41)
Bayshore Drive u.s. 41 Thomasson Drive
Golden Gate Boulevard c.R.951 Desoto Boulevard
Vanderbilt Drive VBR Lee County Line
Gulfshore Boulevard VBR Bluebill Ave.
Oil Well Rd lmmokalee Rd s.R. 29
Randall Boulevard lmmokalee Rd Desoto BoulevardEverglades Boulevard Golden Gate Boulevard lmmokalee Rd
Naples Boulevard Pine Ridge Road Airport Road
County Barn Road Davis Boulevard Rattlesnake Hammock Roao
Page2 of 4
16.A.13.a
Packet Pg. 800 Attachment: Proposed resolution with exhibit [Revision 1] (3386 : ROW Fee Schedule Change)
Exhibit "A"
LANE RENTAL FEE (PER DAY) INCENTIVE PROGRAM
Page 3 of4
16.A.13.a
Packet Pg. 801 Attachment: Proposed resolution with exhibit [Revision 1] (3386 : ROW Fee Schedule Change)
Exhibit 66A"
SIDEWALK RENTAL FEE (PER DAY) INCENTIVE PROGRAM
$100 $100 $100
Aug Sep Oct Nov
$100 $100 $100
Apr May June July
Page 4 of 4
16.A.13.a
Packet Pg. 802 Attachment: Proposed resolution with exhibit [Revision 1] (3386 : ROW Fee Schedule Change)